Viewing entries tagged
petition for review

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Supreme Court Discusses Timing for PFR in Withholding Only Cases

The Supreme Court has determined that the 30-day petition for review deadline is not jurisdictional, but rather, a claims processing rule. In cases involving administrative removal orders (and likely also reinstatement orders), the 30 day timeliness is measured from the issuance of the ICE order, rather than from any dismissal of withholding and CAT applications by the Board of Immigration Appeals. “An order denying relief under the CAT is not a final order of removal and does not affect the validity of a previously issued order of removal or render that order non-final.”

In terms of how a non-citizen will be able to get review of the denial of withholding and CAT, the Supreme Court suggested the following: “the Government can inform aliens of the need to file a petition within 30 days after the issuance of a FARO, and it can alert the court of appeals to the pendency of a withholding-only proceeding so that review there can wait until that issue is decided. And if requests for withholding of removal in cases like Riley’s are decided expeditiously—and that was the whole point of the supposedly streamlined procedure adopted by Congress to effect the quick removal of dangerous aliens—petitions for review of removal orders should not linger long on a court of appeals docket before the withholding issue is ready for review. Finally, if Government makes a general practice of what it has done in Riley’s case, i.e., declining to press for enforcement of the 30-day filing rule, aliens who are mistaken about when a petition for review must be filed will not be hurt.”

The full text of Riley v. Bondi can be found here:

https://www.supremecourt.gov/opinions/24pdf/23-1270_new_3dq3.pdf

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Ninth Circuit Permits Listing of A Numbers to Identify Petitioners in PFR

The Ninth Circuit has determined that a petitioner’s A number is sufficient identification in a petition for review to comply with the federal rules of appellate procedure. “These ‘A’ numbers are not generic terms referencing unknown and potentially unidentifiable individuals, such as the procedural titles listed in the text of Rule 15, but rather correspond to specific persons who have raised claims before the agency for adjudication and whose names are readily available in the government’s own records, including BIA orders which must be submitted to this court with the petition for review under Ninth Circuit Rule 15-4. “

The full text of Perez-Perez v. Bondi can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2025/02/10/23-4240.pdf

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Ninth Circuit Finds PFR Filing Deadline is Non-Jurisidictional; Clarifies Deadline for Filing PFR of Reinstatement Order

The Ninth Circuit has determined that the 30-day deadline to file a petition for review of a removal order is not jurisdictional. The court has further determined that a petition for review filed within 30 days of the completion of reasonable fear proceedings (rather than the issuance of a reinstatement order) is timely.

The full text of Alonso-Juarez v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/09/08/15-72821.pdf

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Tenth Circuit Affirms that PFR of Reinstatement Order is Timely if Filed After Completion of Withholding Only Proceedings

The Tenth Circuit has reaffirmed that a petition for review (PFR) challenging a reinstatement order is timely if it is filed within 30 days of the Board of Immigration Appeals’ decision at the end of the ensuing withholding/CAT only proceeding. The PFR need be filed within 30 days of ICE’s issuance of the reinstatement order.

The full text of Arostegui-Maldonado v. Garland can be found here:

https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110897188.pdf

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